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Publication Date: 2024-03-22 Practice Area:Criminal Law Industry: Court:Commonwealth Court Judge:Judge Leavitt Attorneys:For plaintiff: for defendant: Case Number: 98 C.D. 2023
Petitioner appealed the denial of his request for administrative relief from parole board's decision recommitting him as a convicted parole violator and court found board's choice of 154 days of street time was fully consonant with its discretion. Affirmed.
The court issued a §1925(a) opinion urging the Superior Court to affirm its order denying the petition to open the default judgment in a suit for unpaid attorneys' fees and remanding the case for a new trial on damages.
Defendant moved to dismiss plaintiff's Title VII, Age Discrimination in Employment Act and Pennsylvania Human Relations Act complaint asserting race and age discrimination and retaliation and court found plaintiff's title VII claim failed because he did not identify any similarly situated comparators who were treated more favorably or sufficiently allege facts to support an inference of race discrimination, and he failed to show he was replaced by a younger person, but defendant's exhaustion argument as to plaintiff's PHRA claim was m
Defendant son filed preliminary objections to plaintiff's complaint seeking recovery of the unpaid balance for his deceased mother's skilled nursing care. The court sustained the preliminary objection that plaintiff's complaint lacked requisite specificity where it failed to aver whether its agreement for the mother's care was oral or written and, if written, no copy was provided with plaintiff's complaint. The court overruled defendant's preliminary objection that the complaint lacked specificity by failing to set forth special damag
Publication Date: 2024-03-22 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Kunselman Attorneys:For plaintiff: for defendant: Case Number: 648 WDA 2023
Appellant appealed his sentence following his conviction for possession with intent to deliver a controlled substance, possession of a controlled substance and possession of drug paraphernalia. Affirmed.
Defendants moved for summary judgment in landlord tenant case and court dismissed plaintiff tenant's infliction of emotional distress, punitive damages, civil conspiracy and negligent hiring claims but found plaintiff sufficiently pled trespass, conversion and aiding and abetting. Motion granted in part and denied in part.
Publication Date: 2024-03-22 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 1703 MDA 2022
Challenge to discretionary aspects of sentence failed where exercise of discretion to impose consecutive sentences did not raise substantial question and sentencing court adequately justified its decision based on the gravity of the underlying offense. Judgment of sentence affirmed.
Municipal hearing officer abused discretion in declining employee's request for continuance to depose or cross-examine examining physician where the physician's opinion was integral to the denial of the employee's application for a disability pension. Order of the trial court vacated, case remanded.